Defendant's wife testifies she had one-night stand with gunshot victim

The trial for Mark A. Kusters, of Grand Rapids, who is charged with first-degree intentional homicide for the September 2016 shooting death of Richard M. Flynn, 42, of Saratoga, began in Wood County Circuit Court Monday.
Wochit

WISCONSIN RAPIDS - The wife of a Grand Rapids man on trial for the murder of a Saratoga man said she had a one-night stand with the victim.

Mark A. Kusters is charged with first-degree intentional homicide for the shooting death of Richard M. Flynn, 42, of Saratoga, on Sept. 15, 2016. If convicted, Kusters faces a maximum sentence of life in prison.

Kusters' attorney, Gary Kryshak, said Kusters had his shotgun loaded because there had been a burglary in the neighborhood and that he grabbed the gun after Flynn had been on the porch of Kusters' home shortly after midnight, looking first in the back and then in the front doors.

Kusters(Photo: Courtesy Wood County Sheriff's Department)

Kusters went out on the porch and told Flynn to get off his property, Kryshak said. Kusters' wife then came out onto the porch, grabbed Kusters and the gun went off, killing Flynn, Kryshak said.

Kusters' wife, Trina, took the stand Monday afternoon and said she had been drinking with Flynn about a month or so before the shooting. She said Flynn asked her to drive him home and the two had a one-night stand.

Trina Kusters said she told her husband about the one-night stand, and Mark Kusters was with her when she told Flynn their relationship was over. Mark Kusters threatened to beat Flynn up, she said.

Trina Kusters said she and her husband were at a tavern in Kellner on Sept. 14, 2016, when Flynn came in. They got up and left — something they had discussed and agreed to do if Flynn showed up where they were.

Flynn later came to the Kusters' home in Grand Rapids, peering into the home through a window in the door. Trina Kusters said she was going to go outside to tell Flynn to leave, but her husband got outside first. Mark Kusters had a shotgun and shot Flynn, she said.

Flynn was standing near his car, which was parked in a neighbor's driveway, Trina Kusters said. He got to the porch of neighbor's home and collapsed, she said.

Trina Kusters said she did not touch the shotgun her husband had aimed at Flynn and she did not remember touching her husband.

Wood County Sheriff's Deputy Justus Arendt testified Monday that Trina Kusters said right after the shooting that her husband said he was going to kill Flynn when he saw him looking in the window. Trina Kusters said she heard her husband threaten to kill Flynn and Flynn said he didn't care because he wanted to be with Trina Kusters, Arendt said. According to Arendt's account of what Trina Kusters told him, it was then that Mark Kusters shot Flynn.

While on the stand Monday, Trina Kusters said she didn't remember her statements.

Wood County District Attorney Craig Lambert told the jury during opening arguments that Mark Kusters deliberately shot Flynn and it was an act of intentional homicide. Mark Kusters wasn't trying to protect his home, Lambert said.

Mark Kusters said he was going to kill Flynn, Lambert said.

"The defendant shot Mr. Flynn on purpose," Lambert said. "He shot him with the intent to kill him and not in self-defense."

Wood County Circuit Court Judge Greg Potter told the jury of eight men and six women that he anticipates the trial finishing up on Wednesday.